Part 1 General Rules 31A-21-101 – 31A-21-112
Part 2 Approval of Forms 31A-21-201 – 31A-21-203
Part 3 Specific Clauses in Contracts 31A-21-301 – 31A-21-316
Part 4 Mass Marketed Life or Accident and Health Insurance 31A-21-401 – 31A-21-404
Part 5 Domestic Violence or Child Abuse – Insurance Practices 31A-21-501 – 31A-21-506

Terms Used In Utah Code > Title 31A > Chapter 21 - Insurance Contracts in General

  • Abuse: means :
    (a) an action or practice that:
    (i) is inconsistent with sound fiscal, business, or medical practices; and
    (ii) results, or may result, in unnecessary Medicaid related costs; or
    (b) reckless or negligent upcoding. See Utah Code 63A-13-102
  • Accident and health insurance: means insurance to provide protection against economic losses resulting from:
    (i) a medical condition including:
    (A) a medical care expense; or
    (B) the risk of disability;
    (ii) accident; or
    (iii) sickness. See Utah Code 31A-1-301
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative law judge: means an individual who is employed or contracted by a state agency who:
    (i) presides over or conducts formal administrative hearings on behalf of an agency;
    (ii) has the power to administer oaths, rule on the admissibility of evidence, take testimony, evaluate evidence, and make determinations of fact; and
    (iii) issues written orders, rulings, or final decisions on behalf of an agency. See Utah Code 63A-17-701
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means any department or unit of Utah state government with authority to employ personnel. See Utah Code 63A-17-102
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Bonds: means any bonds, bond anticipation notes, or other obligations authorized under this title for which the full faith, credit, and resources and ad valorem taxing power of the state have been pledged for the payment of the principal of and interest on the bonds. See Utah Code 63B-1-101
  • Business data: means data collected by the state about a person doing business in the state. See Utah Code 63A-16-801
  • Career service: means positions under schedule B as defined in Section 63A-17-301. See Utah Code 63A-17-102
  • Career service employee: means an employee who has successfully completed a probationary period of service in a position covered by the career service. See Utah Code 63A-17-102
  • Career service status: means status granted to employees who successfully complete probationary periods for competitive career service positions. See Utah Code 63A-17-102
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • Center: means the Utah Geospatial Resource Center created in Section 63A-16-505. See Utah Code 63A-16-501
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Chief information officer: means the chief information officer appointed under Section 63A-16-201. See Utah Code 63A-16-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claimant: means a person that:
    (a) provides a service; and
    (b) submits a claim for Medicaid reimbursement for the service. See Utah Code 63A-13-102
  • Classified service: means those positions subject to the classification and compensation provisions of Section 63A-17-307. See Utah Code 63A-17-102
  • Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63A-16-1001
  • Commission: means the State Bonding Commission created in Section 63B-1-201. See Utah Code 63B-1-101
  • Committee: means the Administrative Law Judge Conduct Committee created in Section 63A-17-708. See Utah Code 63A-17-701
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complainant: means an individual who files a complaint under Subsection 63A-14-402(1)(a). See Utah Code 63A-14-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing medical and life insurance benefits: means the state provided policy of medical insurance and the state provided portion of a policy of life insurance, each offered at the same:
    (a) benefit level and the same proportion of state/member participation in the total premium costs as an active member as defined in Section 49-11-102; and
    (b) coverage level for a member, two person, or family policy as provided to the member at the time of retirement. See Utah Code 63A-17-501
  • Controlled substance: means controlled substance as defined in Section 58-37-2. See Utah Code 63A-17-102
  • Converted sick leave: means leave that has been converted from unused sick leave in accordance with Section 63A-17-506 which may be used by an employee in the same manner as:
    (a) annual leave;
    (b) sick leave; or
    (c) unused accumulated sick leave after the employee's retirement for the purchase of continuing medical and life insurance benefits under Sections 63A-17-507, 63A-17-508, and 63A-17-804. See Utah Code 63A-17-501
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County legislative body: means :Utah Code 68-3-12.5
  • Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
  • Creditor: means a person, including an insured, having a claim, whether:
    (a) matured;
    (b) unmatured;
    (c) liquidated;
    (d) unliquidated;
    (e) secured;
    (f) unsecured;
    (g) absolute;
    (h) fixed; or
    (i) contingent. See Utah Code 31A-1-301
  • Criminal justice agency: means an agency or institution directly involved in the apprehension, prosecution, and incarceration of an individual involved in criminal activity, including law enforcement, correctional facilities, jails, courts, probation, and parole. See Utah Code 63A-16-1001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Database: means the State Geographic Information Database created in Section 63A-16-506. See Utah Code 63A-16-501
  • Database: means the criminal and juvenile justice database created in this part. See Utah Code 63A-16-1001
  • Demotion: means a disciplinary action resulting in a reduction of an employee's current actual wage. See Utah Code 63A-17-102
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 63A-13-102
  • Department: means the Department of Government Operations. See Utah Code 63A-1-103
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Direct response solicitation: means any offer an insurer makes to persons in this state, either directly or through a third party, to effect life or accident and health insurance coverage which enables the individual to apply or enroll for the insurance on the basis of the offer. See Utah Code 31A-21-402
  • Director: means the director of the division. See Utah Code 63A-17-102
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Disability: means a physical or mental disability as defined and protected under the Americans with Disabilities Act, 42 U. See Utah Code 63A-17-102
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
    (a) perform the duties of:
    (i) that individual's occupation; or
    (ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
    (b) perform two or more of the following basic activities of daily living:
    (i) eating;
    (ii) toileting;
    (iii) transferring;
    (iv) bathing; or
    (v) dressing. See Utah Code 31A-1-301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
  • Division: means the Division of Integrated Healthcare, created in Section 26B-3-102. See Utah Code 63A-13-102
  • Division: means the Division of Technology Services. See Utah Code 63A-16-102
  • Division: means the Division of Human Resource Management, created in Section 63A-17-105. See Utah Code 63A-17-102
  • Division: means the Division of Technology Services created in Section 63A-16-103. See Utah Code 63A-16-1001
  • Division: means the Division of Facilities Construction and Management. See Utah Code 63B-1-101
  • Donor: The person who makes a gift.
  • Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 63A-17-102
  • Employee: means :
    (a) an individual employed by an employer; or
    (b) an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
  • Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Enterprise architecture: means :
    (a) information technology assets and functions that can be applied across state government, including:
    (i) mainframes, servers, desktop devices, peripherals, and other computing devices;
    (ii) networks;
    (iii) enterprise-wide applications;
    (iv) maintenance and help desk functions for common hardware and applications;
    (v) standards for other computing devices, operating systems, common applications, and software; and
    (vi) master contracts that are available for use by agencies for various systems, including operating systems, databases, enterprise resource planning and customer relationship management software, application development services, and enterprise integration; and
    (b) support for information technology that can be applied across state government, including:
    (i) technical support;
    (ii) master software licenses; and
    (iii) hardware and software standards. See Utah Code 63A-16-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • exchange: means an exchange made pursuant to Section 1035, Internal Revenue Code, as may be amended. See Utah Code 31A-21-104
  • Executive board: means the same as that term is defined in Section 67-1-2. See Utah Code 63A-16-601
  • Executive branch agency: includes a state agency, as defined in Subsection 67-1-17(1)(d). See Utah Code 63A-12-100.5
  • Executive branch agency: means an agency or administrative subunit of state government. See Utah Code 63A-16-102
  • Executive branch elected official: means :
    (a) the governor;
    (b) the lieutenant governor;
    (c) the state auditor;
    (d) the state treasurer; or
    (e) the attorney general. See Utah Code 63A-14-102
  • Executive branch strategic plan: means the executive branch strategic plan created under Section 63A-16-202. See Utah Code 63A-16-102
  • Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
  • Extrapolation: means a method of using a mathematical formula that takes the audit results from a small sample of Medicaid claims and projects those results over a much larger group of Medicaid claims. See Utah Code 63A-13-102
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Form: means one of the following prepared for general use:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud: means an intentional or knowing:
    (a) deception, misrepresentation, or upcoding in relation to Medicaid funds, costs, a claim, reimbursement, or services; or
    (b) violation of a provision of Sections 26B-3-1102 through 26B-3-1106. See Utah Code 63A-13-102
  • Fraud unit: means the Medicaid Fraud Control Unit of the attorney general's office. See Utah Code 63A-13-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GIS: means a computer driven data integration and map production system that interrelates disparate layers of data to specific geographic locations. See Utah Code 63A-16-501
  • Group insurance policy: means a policy covering a group of persons that is issued:
    (i) to a policyholder on behalf of the group; and
    (ii) for the benefit of a member of the group who is selected under a procedure defined in:
    (A) the policy; or
    (B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
    (a) a professional service;
    (b) a personal service;
    (c) a facility;
    (d) equipment;
    (e) a device;
    (f) supplies; or
    (g) medicine. See Utah Code 31A-1-301
  • Health care professional: means a person licensed under:
    (a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
    (b) Title 58, Chapter 16a, Utah Optometry Practice Act;
    (c) Title 58, Chapter 17b, Pharmacy Practice Act;
    (d) Title 58, Chapter 24b, Physical Therapy Practice Act;
    (e) Title 58, Chapter 31b, Nurse Practice Act;
    (f) Title 58, Chapter 40, Recreational Therapy Practice Act;
    (g) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
    (h) Title 58, Chapter 42a, Occupational Therapy Practice Act;
    (i) Title 58, Chapter 44a, Nurse Midwife Practice Act;
    (j) Title 58, Chapter 49, Dietitian Certification Act;
    (k) Title 58, Chapter 60, Mental Health Professional Practice Act;
    (l) Title 58, Chapter 67, Utah Medical Practice Act;
    (m) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
    (n) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
    (o) Title 58, Chapter 70a, Utah Physician Assistant Act; and
    (p) Title 58, Chapter 73, Chiropractic Physician Practice Act. See Utah Code 63A-13-102
  • health insurance: means insurance providing:
    (i) a health care benefit; or
    (ii) payment of an incurred health care expense. See Utah Code 31A-1-301
  • Highway: includes :Utah Code 68-3-12.5
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Improper purpose: includes harassing a respondent, causing unwarranted harm to a respondent's reputation, or causing unnecessary expenditure of public funds. See Utah Code 63A-14-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Individual with a disability: means an individual with a condition that meets the definition of "disability" in 42 U. See Utah Code 63A-16-102
  • Information technology: means all computerized and auxiliary automated information handling, including:
    (a) systems design and analysis;
    (b) acquisition, storage, and conversion of data;
    (c) computer programming;
    (d) information storage and retrieval;
    (e) voice, video, and data communications;
    (f) requisite systems controls;
    (g) simulation; and
    (h) all related interactions between people and machines. See Utah Code 63A-16-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inland marine insurance: includes insurance covering:
    (a) property in transit on or over land;
    (b) property in transit over water by means other than boat or ship;
    (c) bailee liability;
    (d) fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and
    (e) personal and commercial property floaters. See Utah Code 31A-1-301
  • Inspector general: means the inspector general of the office, appointed under Section 63A-13-201. See Utah Code 63A-13-102
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Life settlement: is a s defined in Section 31A-36-102. See Utah Code 31A-21-104
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Malfeasance in office: means an intentional act or omission relating to the duties of an executive branch elected official that:
    (a) constitutes a crime; or
    (b) 
    (i) constitutes a substantial breach of the trust imposed upon the executive branch elected official by the nature of the official's office; and
    (ii) is against commonly accepted standards of honesty and morality. See Utah Code 63A-14-102
  • Market comparability adjustment: means a salary range adjustment determined necessary through a market survey of salary data and other relevant information. See Utah Code 63A-17-102
  • Mass marketed life or accident and health insurance: means the insurance under any individual, franchise, group, or blanket insurance policy offering life or accident and health insurance:
    (a) that is offered by means of direct response solicitation through:
    (i) a sponsoring organization; or
    (ii) the mails or other mass communications media; and
    (b) under which the person insured pays all or substantially all of the cost of the person's insurance. See Utah Code 31A-21-402
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • network: means the network created in Section 63A-16-508. See Utah Code 63A-16-501
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Office: means the Office of Inspector General of Medicaid Services, created in Section 63A-13-201. See Utah Code 63A-13-102
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :Utah Code 68-3-12.5
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Personal identifying information: includes information identified as personal identifying information in accordance with the rules described in Section 63A-12-104. See Utah Code 63A-12-100.5
  • Personal lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
    (a) an individual; or
    (b) a family. See Utah Code 31A-1-301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Privacy annotation: means a summary, described in Subsection 63A-12-115(2) and rules made by the executive director under Subsection 63A-12-104(2), that, for each record series that an executive branch agency collects, maintains, or uses:Utah Code 63A-12-100.5
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probationary employee: means an employee serving a probationary period in a career service position but who does not have career service status. See Utah Code 63A-17-102
  • Probationary period: means that period of time determined by the division that an employee serves in a career service position as part of the hiring process before career service status is granted to the employee. See Utah Code 63A-17-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
    (i) from all hazards or causes; and
    (ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301
  • Provider: means a person that provides:
    (a) medical assistance, including supplies or services, in exchange, directly or indirectly, for Medicaid funds; or
    (b) billing or recordkeeping services relating to Medicaid funds. See Utah Code 63A-13-102
  • Public body: means the same as that term is defined in Section 52-4-103. See Utah Code 63A-16-601
  • Public information: means a public body's public notices, minutes, audio recordings, and other materials that are required to be posted to the website under Title 52, Chapter 4, Open and Public Meetings Act, or other statute or state agency rule. See Utah Code 63A-16-601
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Respondent: means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed. See Utah Code 63A-14-102
  • Review board: means the Architecture Review Board established within the department. See Utah Code 63A-16-901
  • Rider: means an endorsement to:
    (a) an insurance policy; or
    (b) an insurance certificate. See Utah Code 31A-1-301
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Single sign-on business portal: means the web portal described in Section 63A-16-802. See Utah Code 63A-16-801
  • Single sign-on citizen portal: means the web portal described in Section 63A-16-803. See Utah Code 63A-16-801
  • Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
    (i) 
    (A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
    (B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
    (ii) employs at least one employee on the first day of the plan year; and
    (iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301
  • State archives: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
  • State Geographic Information Database: means the database created in Section 63A-16-506. See Utah Code 63A-16-501
  • State information architecture: means a logically consistent set of principles, policies, and standards that guide the engineering of state government's information technology and infrastructure in a way that ensures alignment with state government's business and service needs. See Utah Code 63A-16-102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Technology innovation: means a new information technology not previously in use or a substantial adaptation or modification of an existing information technology. See Utah Code 63A-16-901
  • Technology proposal: means a proposal to implement a technology innovation designed to result in a greater efficiency in a government process or a cost saving in the delivery of a government service, or both. See Utah Code 63A-16-901
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Total compensation: means salaries and wages, bonuses, paid leave, group insurance plans, retirement, and all other benefits offered to state employees as inducements to work for the state. See Utah Code 63A-17-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • Trustee: A person or institution holding and administering property in trust.
  • Underwrite: means the authority to accept or reject risk on behalf of the insurer. See Utah Code 31A-1-301
  • Upcoding: means assigning an inaccurate billing code for a service that is payable or reimbursable by Medicaid funds, if the correct billing code for the service, taking into account reasonable opinions derived from official published coding definitions, would result in a lower Medicaid payment or reimbursement. See Utah Code 63A-13-102
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Vehicle liability insurance: means insurance against liability resulting from or incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a vehicle comprehensive or vehicle physical damage coverage described in Subsection (155). See Utah Code 31A-1-301
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102
  • Vulnerable adult: means the same as that term is defined in Section 62A-3-301. See Utah Code 63A-12-100.5
  • Vulnerable record: means a record or data relating to:Utah Code 63A-12-100.5
  • Waste: includes an activity that:
    (i) does not constitute abuse or necessarily involve a violation of law; and
    (ii) relates primarily to mismanagement, an inappropriate action, or inadequate oversight. See Utah Code 63A-13-102
  • Web portal: means an Internet webpage that can be accessed by a person that enters the person's unique user information in order to access secure information. See Utah Code 63A-16-801
  • Website: means the Utah Public Notice Website created in this section. See Utah Code 63A-16-601
  • Writing: includes :Utah Code 68-3-12.5